1830 census, Upson County, Georgia
1840 census, Upson County, Georgia
1850 census, Upson County, Georgia
http://freepages.genealogy.rootsweb.com/~ceru2/pages/Fallins/sarahsuit.html (Sherri Ellington)
Sparking a family lawsuit, Sarah's will declared that, after her son Asa paid all her debts, he would be bequeathed all her land (300.25 acres) in Upson County (originally lying in Monroe County, Ga.), stock, housewear, kitchen furniture, and "all other personal property" except for two beds, bedsteads and one set of bedclothes each. One went to Cape's daughter Martha and the other Asa for "Cintha, illegitimate or adopted daughter of my son Asa" when she was old enough or in a situation to need it. She then gave all other property not covered by the other clauses to Asa, then named him executor. The will was signed with her mark and witnessed by Thomas F. Grubb, Henry Beaum and Juo. R. Hart.
Sarah's will was probated in Upson County, Ga., 29 SEP 1870. Asa P. Fallen applied to become the executor of the estate of Sarah Fallen and asked that her will be probated.
Sarah's will was probated in Upson County, Ga., 3 OCT 1870. Jackson Fallin and William C. Fallin objected to the establishment of Sarah's will on the grounds that 1) at the time she made the will she was not of sound and disposing mind and memory but was of unsound mind and "utterly unable of disposing of her property." 2) the will was made under undue influence, that she was induced to make the provisions listed in the will "by the undue influence and improper control...used over her mind by Asa. P. Fallen."
Sarah's will was probated in Upson County, Ga., 5 DEC 1870. A.J. Peugh, guardian for Benjamin Fallen; Jackson Fallen, W.C. Fallen, G.M. Langford, guardian (?); W.W. Peugh; G.C. Peugh; M.A. Minter and L.B. Coggin, all heirs at law, applied to prove the will of Sarah Fallen.They repeated their testimony of October, this time using the term "nonsane" to describe Sarah's state of mind. The court noted that Benjamin Fallen, "Who appears to be interested in the event of said proceeding..." was a minor and appointed A.J. Peugh as his guardian. Asa P. Fallin, executor, and his attorney John J. Hall testified that "Sarah Fallin...was of sound and discerning mind and memory, and that said will is and was her own voluntary act, and that not a single item of said will was made under undue influence, and that said will is valid and good..." They asked that it be admitted into the court record. The case was continued until the next term of court.
Sarah's will was probated in Upson County, Ga., 5 JAN 1871. The Court of Ordinary found in favor of A.P. Fallen and the probate of the will of Sarah Fallen, instead of the contestors Jackson Fallen and Wm. C. Fallen, who "being dissatisfied with the judgement of the court in the above stated case, demands and appeal to the Superior Court and the cost of bringing (it)." Stephen Hollingsworth and Harry McHargue supplied security, bound to A.P. Fallen "for the judgement of the eventual condemnation, money and all future costs." Jackson Fallen, Hollingsworth and McHargue signed with X's. W.C. Fallin signed his name. The will was admitted to record as the last will and testament of Sarah Fallen, with it ordered that Asa be allowed to recover an unnamed sum for his costs.
Member Shiloh Baptist Church in Upson County, Georgia 1847